SoVote

Decentralized Democracy
  • Mar/29/22 2:00:00 p.m.

Senator Housakos: Government leader, the annual increase of the alcohol escalator tax is tied to the Consumer Price Index and, as Canadians are aware, the rate of inflation has gone through the roof over the past year. In February, inflation went up 5.7% year over year, and it stands at the highest rate in over 30 years in this country.

Grape growers, hop producers, grain farmers, vineyards, brewing companies, craft distillers, bars and restaurants and the entire tourism and hospitality industry have all struggled over the last two years, suffering during this existential crisis. How does increasing the alcohol escalator tax on April 1 help these people survive and remain competitive in these tough circumstances? How does it help Canadians who keep having to pay more and more to try to survive? Who does this help besides the high tax‑and-spend NDP-Liberal coalition?

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  • Mar/29/22 2:00:00 p.m.

Senator Cordy: Thank you, Senator Gold. I will quote another sentence or two from the response that I received:

The Government of Canada respects the sovereign right of other countries to decide their travel restrictions and border measures and will continue to monitor the situation and provide updated travel advice to Canadians.

We all acknowledge that every country has their responsibility and the right to make their own decisions. It’s easy to just tell Canadians to contact the country of destination, but Canadians look to their own government first to find that information. If I were travelling, I would go to the Government of Canada website before I would go to the website of the country to which I am travelling.

If the government is telling us that they have successfully negotiated with other countries, then they should be able to share this information with the public.

My question of you is, would you remind the government that travel information and vaccine requirements must be easy to understand for Canadians and the information must be easily accessible on the Canadian website?

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  • Mar/29/22 2:00:00 p.m.

Senator Gold: I will certainly do so. Thank you.

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  • Mar/29/22 2:00:00 p.m.

Hon. Percy E. Downe: Senator Gold, as you’re aware, a number of years ago, the Government of Canada implemented a policy of priority hiring in the federal public service for qualified medically released veterans. These are men and women who were injured during the course of their service in the Canadian Armed Forces and who, because of those injuries, could no longer remain in military service.

A problem arose with this program. Except for National Defence and Veterans Affairs, very few federal government departments were hiring these qualified veterans.

Veterans groups wanted to know if the situation was improving, and if more departments were hiring those qualified veterans so those veterans could continue to support themselves and their families. But the written question I submitted on their behalf has been on the Order Paper for over two years with no answer. Could Senator Gold advise when they might get an answer to their inquiry?

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  • Mar/29/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you. At the risk of triggering another round of enthusiastic response, I will certainly inquire, senator, and endeavour to get you an answer as quickly as I can.

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  • Mar/29/22 2:00:00 p.m.

Senator Downe: Thank you very much for that, Senator Gold but, given that the government has said publicly, “information should be open by default,” what would you advise I tell these veteran groups about the government’s failure to disclose any information to a written question that has been on the Senate Order Paper since February 2020?

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  • Mar/29/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. The Government of Canada is pleased to have reached this stage. For the benefit of those who have not followed the story of the F-35s closely, you forgot to mention that when the decision was made in 2010 by the minority government led by Stephen Harper, it was done without a call for tenders. Then there was a motion of non‑confidence in Parliament for that government’s lack of transparency on this issue, even following the election of a majority government; the project was dropped.

The Government of Canada brought in an open and transparent process, and a recommendation was made to pursue discussions with Lockheed Martin. I believe that today, we have an appropriate and transparent process for ensuring that our soldiers will have the necessary tools not only to protect our sovereignty here and in the North, but also to contribute to defending the interests of democratic countries around the world.

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  • Mar/29/22 2:00:00 p.m.

Hon. Marilou McPhedran: Honourable senators, my question is for the Government Representative in the Senate.

Senator Gold, my question is a follow-up to a previous question on whether Canada will continue to refuse the standing invitation to send observers to the first meeting of states parties to the Treaty on the Prohibition of Nuclear Weapons, the TPNW, that is being hosted by Austria in June of this year. Senator Gold, last week Canada’s ambassador to the UN in New York, Bob Rae, wrote about Putin’s war against Ukraine, noting that there is a:

. . . more critical veto, and that is the possession of the means of mass destruction by a limited number of countries that affects how things actually work in the “real world”.

He continues to say:

The end of nuclear hegemony created a deadlock more profound than a raise of the hand at the Security Council, and it is that fact that lies at the heart of the current challenge in how to deal with Russian President Vladimir Putin’s aggression.

Senator Gold, would you please follow up with the government and ask if Canada will join other NATO countries, including Norway, in sending observers to the Vienna first meeting of states parties to this treaty?

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  • Mar/29/22 2:00:00 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved second reading of Bill C-15, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022.

She said: Honourable senators, I have the pleasure of rising today to introduce the appropriation bill for the Supplementary Estimates (C).

I will share my thoughts when I speak to this bill at third reading.

[English]

In the meantime, I would like to thank the members of the National Finance Committee for their important work in reviewing the 2021-22 Supplementary Estimates (C).

[Translation]

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  • Mar/29/22 2:00:00 p.m.

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate) moved second reading of Bill C-16, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.

She said: Honourable senators, I have the pleasure of introducing Appropriation Bill No. 1, 2022-23, the government’s interim supply bill.

[English]

I will speak at length on this bill at third reading.

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Hon. Salma Ataullahjan: Honourable senators, I rise today to speak as critic on Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada. I would like to begin by commending Senator Bovey on introducing such a comprehensive and ambitious bill.

As some of you may know, I enjoy painting in my spare time. It’s a hobby that I cherish, as it is a creative outlet that brings me much-needed serenity in this very chaotic time.

In our current economy, with rising prices and Canadian families struggling to make ends meet, I cannot help but worry about Canadian creative minds. How can our artists flourish when it seems we have been merely surviving for the past two years? Senator Bovey’s office has met with over 600 artists across the country to better grasp their realities. Youth focus groups revealed that young Canadians do not see the arts as a viable future and have turned away from traditional means of funding their work.

Traditionally, artists often rely on gig work and grants to get by. This means that a classically trained violinist, for example, who has been honing their craft since the age of four with great sacrifices and completed a degree in music at a reputable university, would normally divide their time between performing with a local professional orchestra, teaching privately during the week, performing with their ensemble and performing at weddings on the weekend. That’s if they are lucky. The work-life balance is non-existent, to say the least, and many work a collection of minimum-wage jobs to make ends meet. They may also spend months applying for grants from the Canada Council for the Arts, but return on the time invested is never assured. Needless to say, many change career paths along the way.

Those who do not have the privilege of a formal education are often disregarded as the arts, like many other areas of our society, have their gatekeepers who seek to promote excellence. This reminds me of the struggle of naive artists — known for rejecting or lacking conventional expertise in the depiction of real objects — who may lack formal, acknowledged methods.

Today, creative minds have turned to social media to gain visibility and possibly funding from fans or sponsors. Some Canadian creators truly managed to shine online during the worst of the pandemic. This was the case of throat singer Shina Novalinga who uses TikTok to share parts of her life and Indigenous culture, such as throat singing duets with her mother, traditional hair braiding and food. Sadly, social platforms such as YouTube and TikTok may distribute and share users’ content without credit or compensation. I believe this is testament to the government failing Canadian artists.

Before the winter break, I spoke on the Afghan crisis and the disappearance of many forms of arts and culture. My heart still aches when I think of musicians who buried their instruments, artists who abandoned their work before fleeing the country, and the persecution that those who remain must endure, simply because they need to express the melodies that are the bedrock of their culture. The videos of the Taliban smashing musical instruments in front of the artists was very difficult to watch.

In Canada, we are fortunate to have freedom of speech, but our society is not built to cherish those who continued to make us laugh during the pandemic, dance in our kitchens or escape into another world when this one was too much to bear. Some workers in the performing arts sector are still scrambling after the last surge in cases caused by the Omicron variant. As Arden R. Ryshpan, the Executive Director of the Canadian Actors’ Equity Association, said:

Just when we thought we were seeing a light at the end of the tunnel, it turns out that the light is an oncoming train.

This has led to a talent drain in the arts, with many relying on part-time jobs or going back to school to retrain. At first glance, Bill S-208 may seem too ambitious or idealistic. But at its core, it simply requires the government to apply an art lens to its operations. We have already spoken on the importance of using Gender-based Analysis Plus to take a gender- and diversity-sensitive approach to our work. In fact, the Government of Canada committed to using GBA+ to advance gender equality in Canada in 1995, but lacks any legislation to enforce its active use in policy-making.

Unlike GBA+, Bill S-208 will make the application of an artistic lens to all legislation mandatory by putting the onus on the Minister of Heritage to develop an action plan to operationalize the declaration in order to recognize the essential role of arts to society, increase access to the arts and events, improve the ability to engage in the arts, improve the ability of artists to benefit from their work while freeing them from cultural appropriation, address disability barriers and encourage investments.

To do so, the Minister of Heritage will be called upon to consult with key stakeholders, including the Ministers of Labour, Crown-Indigenous Relations, Justice and Health, as well as with many other interested organizations and artists. The minister must also convene a conference with stakeholders and ministers in order to develop an action plan.

Bill S-208 is also about governmental accountability and transparency. At the end of each fiscal year, the minister must prepare a report that sets out the implementation of the action plan and the activities undertaken by the department to achieve the objectives of the declaration as set out in the bill. This will ensure a constant evolution of the action plan by identifying its progress and its weaknesses.

I believe Bill S-208 has merit: namely, by inviting ministers to work together, as the government is well known for working in silos. I look forward to the bill being studied at committee to better understand the broad scope assigned to the Minister of Heritage as well as the implementation of the bill.

The “Declaration on the Essential Role of Artists and Creative Expression in Canada” touches on specific issues that will undoubtedly require further study, such as cultural appropriation. I believe this may fast-track the implementation of Article 11 under UNDRIP, and I hope this protection will be awarded to all marginalized Canadian artists. Additionally, I have concerns regarding the constant consultation of artists, as they already face an undervaluation of their work and time. In fact, to this day some patrons continue to offer exposure rather than proper remuneration to emerging artists.

Honourable senators, while we may not all speak the same language, celebrate the same holidays or share similar experiences, the arts transcend these differences. I believe Bill S-208 is important to our collective future. Decisions we make today will affect how we rebuild our country coming out of the pandemic. Thank you.

(On motion of Senator Cormier, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Boisvenu, for the second reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

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Senator Simons: Thank you very much, Senator Kutcher. As a child of the Cold War, it seems strange to stand in the Senate of Canada and talk about Russian plots. It seems like something from a Cold War movie. I wouldn’t have thought that it was plausible until we saw the reporting in the United States about Russian actors manipulating Facebook to create mob mentalities, creating both fake Republican pages and fake Democrat pages and then setting the pages against each other.

So it’s incumbent upon us, first of all, as citizens — all of us, not just senators — to practise what I call “social media hygiene.” Don’t share something if you don’t know where it’s from or what it is. The more outrageous and anger-provoking the post, the less likely it is to be true.

I have sometimes seen people retweeting stuff they know is nonsense ironically or to call it out. Don’t do that because when you share things and interact with them, the algorithm doesn’t know you are “hate-sharing.” The algorithm just thinks, “Oh, people want to see that.” So be careful in how you use social media. We talk about safe sex. Well, practise safe tweeting.

It’s also incumbent upon us — in an age in which so many people get their information filtered through social media platforms — to think about what the correct responsibility of those platforms should be and what our responsibility should be as legislators to ensure that — not that we’re censoring debate — we’re providing some kind of filter for the information so that all of the lies do not get the algorithmic juice to rise to the top.

I think it’s fair to ask the major platforms, whether that’s Twitter, Facebook, YouTube or all the new ones that come along, what their protocols are to guard against malicious campaigns by foreign actors that are clearly designed to poison democratic debate in Western democracies.

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  • Mar/29/22 2:00:00 p.m.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question. I don’t know the answer to that, but I suppose we’ll know next week. If I have an answer before then, I will certainly report back.

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Hon. Paula Simons: Honourable senators, I rise today to speak to Bill S-233, An Act to develop a national framework for a guaranteed livable basic income. Rather, I rise today to speak to the viral misinformation and disinformation about this bill and to confront some of the near delusional paranoia circulating on social media about it.

For weeks, our Senate email and voice mail boxes have been overwhelmed by thousands of messages from angry, frightened Canadians outraged by Bill S-233, or at least by the lies they have been told about Bill S-233. There are so many desperate letters sent to us by people who have been manipulated and terrified into believing outrageous conspiracy theories. There are letters from people who believe Bill S-233 to be a fascist plot, a communist plot, a Masonic plot, a eugenics plot, a Jewish plot, a plot by the World Economic Forum or the World Health Organization, a sinister scheme orchestrated by — your choice — Klaus Schwab, George Soros or Bill Gates, or the ever‑popular illuminati. Many believe Bill S-233 to be the first step on the path to one-world government, or the new world order or to a system of state social surveillance, such as the one the Chinese government in Beijing calls “social credit.” Others are convinced the bill contains provisions for digital ID or digital currency that will allow the government to track and control us all.

This, my friends, is no accident. I believe there is an organized campaign afoot to spread destructive propaganda about Bill S-233, targeted online fear mongering specifically designed to terrorize frightened seniors and those with disabilities and to scare vulnerable Canadians into believing their pensions and disability benefits are about to disappear. It is a campaign purpose-built to erode public trust, not just in this government but in Canadian democracy itself.

Take this tweet posted on March 11 by Peter Taras, a former Ontario candidate for the People’s Party of Canada:

Bill S-233 is currently waiting for third reading in the SENATE, if passed it will be made law which means if you are not vaccinated you will not receive EI, CPP, OHS, Social Services or Pension that YOU PAID INTO.

That post alone has been retweeted almost a thousand times, and pretty much every single word of it is untrue.

Bill S-233 is not a government bill. It is not at third reading. And even if we were to pass it, we all know it would not become law, not right away. It would be sent to the other place for more debate and study.

This bill absolutely does not make the payment of a guaranteed basic income contingent on your vaccination status. Indeed, under the terms of Senator Pate’s proposal, there would be no such type of social-virtue testing or qualification for the receipt of such an income at all. Nor would a basic income take the place of Employment Insurance, workers’ compensation insurance, the Canada Pension Plan, or any other company or private pension.

Even if we passed Bill S-233, it wouldn’t create a guaranteed basic income. All the bill really does is call upon the government to consider how it might create a framework for how a possible future guaranteed basic income program might work. Nonetheless, Twitter and Facebook and Reddit and YouTube are filled with posts that repeat word for word the same falsehoods as the tweet I just read you.

Many of the letters and phone calls we’ve received go much further than fears about pensions. Some express concern that once Canadians become dependent on a guaranteed basic income, the government would be able to leverage that dependency to force people to conform. For example, here is an extended excerpt from an email I received on March 16:

I suspect that ‘a guaranteed livable basic income’ creates a dependency upon government and lays down a foundation for creating digital identities tied to bank accounts and all other government agencies, both federal and provincial. Over time, abusive, controlling powers would be assumed and invoked by dictatorial means. We would then be locked into a social credit system that is fascist, communistic and totalitarian, thereby erasing the standards of democracy, our Constitution, the Rule of Law, and our guaranteed Rights and Freedoms.

An email from March 23 mined a similar vein:

There will be more vaccines to take and other medical procedures the gov[ernment] wants you to undergo! If you don’t comply with just one of them, your account will be closed and you won’t be able to buy food! You won’t be able to do anything! Not even work.

One recent email suggested Bill S-233 was part of what it called:

. . . the sinister plan for humanity under a New World Order and One World Government, starting with John D Rockefeller’s Masonic Creed.

The letter went on to link Bill S-233 to a long-term, worldwide plot that included the assassinations of Martin Luther King and John F. Kennedy.

Other messages link Bill S-233 with transhumanism, a concern which is not, as I had first assumed, about gender identity but about an alleged plot to turn us all into bionic cyborgs. One said:

The Transhumanist war has begun . . . .We are now experiencing the long awaited planning of the sociopathic elite, as Klaus Schwab unleashes a world domination plan with the intent of changing the face of humanity forever.

Another correspondent wrote:

Bill S-233 is just the beginning. We are losing our freedoms to a group of elites that want to depopulate and control mankind, enslave us to experimental transhumanism, and the removal of any Christian and Godly devotions.

A common theme that runs through many letters is a persistent paranoia about the World Economic Forum, a belief that Justin Trudeau and Chrystia Freeland are subject to the control of German-Swiss economist Klaus Schwab. Many seem to believe that Schwab’s agents have infiltrated the government and that Schwab, who is best known for throwing parties for plutocrats in Davos, is somehow simultaneously both a communist and a Nazi.

This excerpt from a letter I received March 10 is pretty typical:

Nobody voted for Nazi Klaus Schwab. Nobody even knew he existed 2 years ago. He has NOTHING to do with Canada or any other country. Schwab holds a statue of Lenin in his office! This is NOT CANADA. We are NOT going BACK to NAZI GERMANY. Please see NUREMBERG CODE & TRIALS.

Other letters accuse senators and the Senate of outright treason. An email I received March 6 stated:

This is CANADA . . . not North Korea, not Russia, you are employees of the people! NOT EMPLOYEES OF THE WEF OR THE WHO.

Just this afternoon — we probably all received the same email — was a letter that claimed the adoption of a guaranteed basic income would lead to the forced sterilization of Canadians of child-bearing age and the killing off of the elderly and the disabled.

I must say that many other letters are not from conspiracy theorists or anti-vaxxers at all. They are simply and heartbreakingly heartfelt notes from ordinary Canadian seniors and relatives of seniors who truly believe that this bill will steal their CPP and private pensions.

As senators, we’re all used to receiving angry letters and calls, but this campaign is qualitatively different. Three years ago my inbox was full of very angry mail about Bill C-69 and Bill C-48, but even when some of those concerns were hyperbolic and exaggerated, they were based on fact and on the actual content of those bills. The campaign against Bill S-233 is something entirely different. It is a shadow war concocted and orchestrated to protest something that doesn’t even exist.

Some of you may worry that by reading these letters into Hansard I’m giving these theories undeserved attention, but we cannot ignore the elephant in the room. We must call out these myths and lies. Let us be clear: There is nothing in Bill S-233 that would require any Canadian to be vaccinated or medicated. There is nothing in Bill S-233 that relates to digital ID or digital tracking or digital currency. There is nothing in Bill S-233 that is in any way akin to the Chinese social credit surveillance model.

Senator Kim Pate, who has spent her entire adult life advocating for the civil rights of the vulnerable, the marginalized and the forgotten, is not an agent of Klaus Schwab. She is not part of the globalist elite nor a Davos hobnobber. As her long record of public service attests, she is the last person who would ever want to see a single Canadian lose a pension or job, and that’s why her bill does nothing of the kind.

I can attest personally that Senator Pate is not hell-bent on turning us all into cybernetic transhumans.

Many of the concerns of our many correspondents are perfectly valid and based in fact. Some have argued that a guaranteed basic income would sap productivity and reward shirkers for doing nothing or lead to labour shortages. You might not agree, but that’s a perfectly rational critique.

Some have argued that Canada’s COVID-battered economy could not afford such a program. I would counter that it is entirely possible that a well-designed program might actually save money, streamlining the number of social welfare support programs we have in this country. But, again, an argument about possible costs is perfectly reasonable.

Some correspondents have raised legitimate questions about the bill, which I happen to share. The bill proposes to extend a guaranteed basic income to those 17 and up, and while I understand the logic of supporting emancipated teens or teens who have fled abusive families, most 17-year-olds don’t need a basic income. Nor can I agree with Senator Pate’s proposition to pay a guaranteed basic income to non-Canadians, such as temporary foreign workers. I have my own constitutional concerns as an Albertan about setting up such a federal income framework without the full cooperation, support and buy-in of the provinces, territories and First Nations.

We also need to be mindful of inflationary pressures that a basic income might create, especially in overheated rental markets such as in Vancouver and Toronto.

So yes, it is perfectly possible to have a good faith, rational debate about the pros and cons of a universal basic income, and the pros and cons of Senator Pate’s particular suggested model. But it is next to impossible to have that debate while Canadian citizens, especially seniors and those with disabilities, are being subjected to a relentless campaign of online psychological terrorism.

I have tried to use Twitter and Facebook to dispel the myths about this bill. I have tried to answer letters from people who just seem honestly confused. One woman I will call Missy was so frightened by what she had heard about Bill S-233 that she told me she was thinking of leaving Canada. After I explained what Bill S-233 actually said, she thanked me.

She wrote back:

You have truly helped me. I will do my best to spread what you have told me. It’s scary, how convincing this can be. I admit I fell for it, and fed into it at time.

She added, “It’s scary to live in fear every day.”

And that, of course, is the point of this whole disinformation campaign: to create fear and distrust; to keep people scared and vulnerable; to erode our social contract, the social fabric and our confidence in our fellow Canadians, replacing it with suspicion bordering on paranoia.

The purpose of this strategy isn’t to defeat Bill S-233, which has only the smallest chance of becoming a law anyway; no, it’s to whip up a hysterical frenzy to convince ordinary Canadians — decent, caring Canadians like Missy — that their political leaders and their political institutions are not to be trusted and then to trick and con ordinary, caring people just like Missy into sharing this fake information with their families, faith communities or their friends on Facebook.

Rebutting such insidious campaigns is not easy. Although I did connect with Missy, I had less luck with a more recent correspondent. She wrote to me this weekend that she could not sleep over her fears that Canadian seniors would lose their pensions. When I tried to explain that Bill S-233 just wouldn’t do that, she accused me of gaslighting her and demanded that I never contact her again.

In her excellent essay published recently by The Line, Conservative Strategist Melanie Paradis coined a perfect phrase for those corrosive disinformation campaigns: she called them “thought scams.” She likened them to those Nigerian prince letters we all used to get that tried to con us out of our money. But these “thought scammers” aren’t primarily interested in getting rich. Instead, they are interested in stealing our faith and our trust. They are interested in stealing our Canada.

If we, too, fall prey — if we start demonizing our political opponents, portraying them as treasonous and corrupt — then we forfeit our ability as senators to have any good faith debates over vital public policy questions.

Today, my friends, I am asking you to join me in standing up to the “thought scammers.” I ask you not to give a wink, a shrug or a smirk when you see one of these “thought scams” spreading because you think it might help your side or your team in the short term. I ask all of us here to stand united today, not in full‑throated support of Bill S-233 but in united support of truth, reason and Canadian democracy itself. We in the Senate of Canada must stand as a bulwark against the tide of lies. We can and we must, my friends.

Thank you, hiy hiy.

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Some Hon. Senators: Hear, hear.

(On motion of Senator Dagenais, debate adjourned.)

[English]

On the Order:

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Dean, for the second reading of Bill S-233, An Act to develop a national framework for a guaranteed livable basic income.

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  • Mar/29/22 2:00:00 p.m.

Hon. Julie Miville-Dechêne: Honourable senators, I rise at second reading in support of Bill S-224, which is sponsored by my colleague, Senator Salma Ataullahjan. The senator asked me to be the critic of this bill to amend the Criminal Code regarding trafficking in persons, and I accepted without hesitation.

Human trafficking is a very serious offence in Canada that involves a trafficker who recruits, transports, conceals and threatens violence against a victim, over whom he or she often exercises coercive control for the purpose of exploitation. In 2019, 95% of Canadian trafficking victims were women and girls. Some 71% of cases involved sexual exploitation, but the crime covers any form of forced labour that is similar to slavery.

Human trafficking is a more serious offence than procuring because of the trafficker’s behaviour of threatening, coercing or deceiving the victim and abusing his or her power over the victim. Unfortunately, this crime is on the rise, with over 500 cases in 2019, and it is difficult to prove.

Trafficking in persons was added to the Criminal Code as an offence in 2005. A 2018 report from Public Safety Canada summarizes the challenges associated with enforcement. Victims are often reluctant to report their situation, since they tend to believe that the success rate of prosecutions is very low. Prosecutors, for their part, find it difficult to reach the high threshold of evidence required for trafficking cases. The statistics are startling. In 2019, 89% of human trafficking charges resulted in a stay, withdrawal, dismissal or discharge. Less than one in ten charges resulted in a guilty verdict.

Given that this crime was identified only 15 or so years ago, the justice system is still finding it difficult to understand the scope of the trauma felt by the victims, including the fact that some victims develop an attachment to the trafficker. The traumas, the drug addiction and mental health problems affect their memory, which makes their testimony particularly difficult. To survive, the victims might also make up stories, which complicates the search for the truth.

For all these reasons, it is imperative that the trial not rely on the victim’s performance during her testimony or her state of mind at the time of the exploitative situations.

For many years, survivor advocacy groups have been criticizing the section of the Criminal Code that Bill S-224 is proposing to change. Why? Because under the current subsection 279.04(1), the Crown must demonstrate that the victim could reasonably expect — given all the circumstances — that her safety would be threatened if she refused to be exploited.

This wording places a heavy burden on survivors, who are not always aware of coercive control mechanisms. This type of control may be exercised without any perceived danger to the victim, who is rather targeted to be humiliated, isolated, exploited or dominated. Moreover, many women do not even realize that they are being trafficked, because in the vast majority of cases the exploiters are friends, acquaintances, or current or past lovers, in other words relationships where emotional blackmail is often present.

This is not just a matter of opinion. As Senator Ataullahjan already mentioned, the wording of the current section 279.04 of the Criminal Code does not meet the definition of trafficking in persons used in the Palermo Protocol, which constitutes the international reference on the issue. Unlike the current section 279.04, this protocol focuses on the behaviour of the exploiter, not on the victim’s perception of danger. The Canadian government ratified this protocol in 2002, and we therefore have an obligation to protect the victims of trafficking.

[English]

According to the International Justice and Human Rights Clinic at the University of British Columbia School of Law, asking victims to prove reasonable fear may be a barrier to conviction for human trafficking. The requirements of the human trafficking offence are more onerous than those of other offences of a similar nature. For example, in the Immigration and Refugee Protection Act, trafficking in persons is also prohibited, but it does not require that an individual believe that their safety would be threatened. This is a more appropriate standard.

The new section proposed by Senator Ataullahjan has the great merit of sticking to the vocabulary of the Palermo Protocol and therefore to focus on the actions of the trafficker and not on the fears of his victim.

That change in language proposed in Bill S-224 is even more necessary because this crime has a disproportionate effect on Indigenous women and girls, who are 10 times more likely to be victims of trafficking and commercial sexual exploitation than non-Indigenous women and girls.

Among the groups I have consulted, other suggestions for changes were proposed. For example, la Fédération des maisons d’hébergement pour femmes — a federation of women’s shelters in Quebec — suggests adding the idea that the trafficker is trying to take advantage of the victim’s state of vulnerability, which is at the heart of the definition of sexual exploitation in the United Nations. The federation would also like the notion of coercive control to appear in the proposed article.

For its part, the Canadian Council for Refugees suggests broadening the definition of what constitutes trafficking by adding the notion of threat in general, and not just the threat of violence, in order to better reflect the reality of the trafficking of migrants or refugees for whom threats of denunciation or deportation are often used the most.

The main priority, however, is for the Senate committee to study first and foremost the significant change to the Criminal Code suggested by Senator Ataullahjan. I strongly believe it is time that we adapt our Criminal Code to the reality of women and girls who are victims of human trafficking. Thank you.

(On motion of Senator Duncan, debate adjourned.)

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Hon. Leo Housakos (Acting Leader of the Opposition) moved second reading of Bill S-237, An Act to establish the Foreign Influence Registry and to amend the Criminal Code.

He said: Honourable senators, it is very apropos that after all the questions regarding foreign influence on the debate on Bill S-233 and the good questions from Senator Kutcher, I will be dealing with it a little more, regarding an issue in terms of foreign influence in our institutions. There are many ways that foreign entities can influence our institutions and our country.

Honourable senators, I rise to speak to Bill S-237, which would amend Canada’s Criminal Code and establish a foreign registry for entities and individuals who seek to influence Canadian policy and Canada’s democratic institutions and processes on behalf of identified foreign regimes.

Foreign interference and influence are not new, but with the advancement of technology and information sharing, it is becoming more pervasive and is likely being used as a tool by authoritarian regimes. In this regard, the occurrence is increasing and thus making it a growing threat. Canada’s intelligence agencies have long been warning about this threat of malign foreign influence toward our democracy and our society. Several reports have outlined these warnings, including the 2019 CSIS Public Report, released on May 20, 2020, and the 2019 Annual Report of the National Security and Intelligence Committee of Parliamentarians.

The 2019 CSIS report states that espionage and foreign-influence activities are directed at Canadian entities both inside and outside Canada and are direct threats to Canada’s national security and strategic interests.

It goes on to warn of the vulnerability of democratic institutions and processes, including our elections. Furthermore, according to a hot issue note prepared for a March 24, 2021, committee appearance by then Minister of Public Safety Bill Blair:

Through its mandate to investigate threats to the security of Canada, CSIS has seen multiple instances of foreign states targeting Canadian institutions and communities. The scope of potential foreign interference activities can be broad, encompassing a range of techniques that are familiar to intelligence agencies. These include: human intelligence operations, the use of state-sponsored or foreign influenced media, and the use of sophisticated cyber tools.

Honourable senators, we have all witnessed and many of us have voiced concerns about the impacts of foreign interference and influence on our democracy and our foreign and domestic policy. This is not a partisan issue. On the contrary. The truth is, if we don’t start addressing it in a meaningful way, it will absolutely erode public trust in our elected officials and our processes and institutions.

I know there certainly was a lot of talk about foreign involvement in the recent “Freedom Convoy,” in particular about foreign financing, something that was not actually borne out during committee hearings in the other place.

Some have also expressed concern about foreign involvement and funding of other protests, including all manner of illegal blockades in Canada. Leaving aside the particular political agendas of different activist groups, I know from the tweets and public statements of many of my colleagues, the issues of foreign interference and influence concerns you as much as it does those of us on this side of the chamber. I hope that means, in addition to your always thoughtful reflection on all legislation that comes before this chamber, that I can also count on our support for this particular bill as it seeks to remedy something for which we’ve all expressed concern.

Foreign interference and influence are real, and it is very much happening right here in Canada. In many cases, it is financial and, in other cases, it comes in the form of disinformation; sometimes both. In the worst cases, those acting on behalf of foreign regimes have intimidated and even threatened Canadians and others on Canadian soil or threatened their loved ones back home in order to silence them or influence their actions, including how they vote in our elections. While we already have laws in Canada to deal with some aspects of these coercive actions, such as removal of persons by the Canada Border Services Agency and penalties under the Canada Elections Act, far more can and should be done.

And, no, the answer isn’t in chipping away at our freedoms and democratic processes and institutions by ourselves. The last thing we should do to fight foreign disinformation, for example, is to limit free speech. That is not to say we shouldn’t reject the promulgation of foreign propaganda from our airwaves, as we did recently with Russian state-controlled broadcaster RT, formerly Russia Today. But that is a very different beast than censorship of our own citizens. We should not seek to emulate the tyrannical regimes against which we are attempting to guard by silencing our own citizens.

That is why I was troubled to learn of Foreign Affairs Minister Mélanie Joly’s comments during a house committee last week in which she testified regarding foreign propaganda:

My mandate as foreign minister is really to counter propaganda online. Social media companies need to do more. They need to make sure that they recognize that states have jurisdiction over them, that they’re not technology platforms, that they’re content producers. And it is our way collectively to make sure that we can really be able to have strong democracies in the future because this war is being fought with 21st-century tools, including social media.

Colleagues, while I’m happy to hear this government express concern over foreign interference, I am less than comforted by Minister Joly’s comments. The first job of any foreign minister is to defend the national interest and the values we hold as Canadians, which include free speech. So I repeat: The answer to combatting foreign interference isn’t to censor our own citizens. Instead, the foreign influence registry and accountability act will force greater transparency by exposing those who do seek to influence, on behalf of foreign regimes, our policies, public debate and decision making.

By identifying those acting in the interests of a foreign entity rather than in Canada’s interests, we introduce a measure of accountability for both those agents and the officials who receive them. Why shouldn’t we have such a registry? Do Canadians not deserve to know who is lobbying their public officials on behalf of foreign entities?

This is no different, really, than the lobbyist registry. The Lobbying Act recognizes that free and open access to government is an important matter of public interest and that lobbying public office holders is a legitimate activity. The registry proposed by this bill is no different. It recognizes that lobbying by foreign entities and individuals as a matter of public interest and benefit to Canada is a legitimate activity. However, the Lobbying Act also recognizes that Canadians and even public office holders themselves should be able to know who is engaged in these lobbying activities. The very same can and should be said about those lobbying public office holders on behalf of foreign entities.

I would argue that, on that principle alone, this legislation should be passed without hesitation. Colleagues, transparency, openness and public accountability are vital elements in Canada’s democracy process. We shouldn’t abandon those principles in our efforts to combat foreign interference in our affairs.

This bill does just that. For those are of you unconvinced of the need for such a registry, and others who will make the argument that this legislation and any such registry would or is meant to target one particular entity or one particular group of people, allow me to further make my case.

From the Government of Canada’s own website — again, from that hot issue note prepared for Prime Minister Justin Trudeau’s then Minister of Public Safety Bill Blair’s appearance at committee — I quote:

Threats to Canada’s national security, such as foreign interference and espionage can harm multiple areas of our society. They can have impacts on our democratic processes, our economic prosperity, our critical infrastructure, and even members of our communities.

It goes on to say:

CSIS has observed persistent and sophisticated state-sponsored threat activity for many years now and they continue to see a rise in the frequency and sophistication of this threat activity.

This note, available to read on the Government of Canada’s Public Safety website goes on to describe the nature of these activities. It states:

Canada has observed state-sponsored information manipulation employed by certain regimes aimed at reshaping or undermining the rules-based-international order. These states are manipulating information, including employing disinformation, to sow doubt . . . discredit democratic responses . . . and erode confidence in values of democracy and human rights.

It is important to note that disinformation, originating from anywhere in the world, can have serious consequences including threats to the safety and security of Canadians, erosion of trust in our democratic institutions, and confusion about government policies and notices . . . . State-sponsored disinformation campaigns are an example of foreign interference.

Honourable senators, some of that was in reference to our response to COVID-19, but CSIS does equally warn of the threat more broadly. In an effort to counter foreign interference in the 2019 federal election, the government created the SITE Task Force, which stands for Security and Intelligence Threats to Elections. So concerned was our government with electoral interference that they did this.

It’s not good enough to only be concerned with this when you think it negatively affects your chosen outcome. We have heard a lot about alleged Russian collusion with or in favour of Donald Trump in the United States, but the issue of foreign interference is much broader. What I believe we face is a deeper systemic challenge related to foreign interference by authoritarian states.

We need look no further here in Canada than what happened in our most recent federal election with, amongst others, the author of this bill, the bill’s predecessor and former member of Parliament Kenny Chiu. Mr. Chiu lost his seat in the 2021 election in large part because of a disinformation campaign about his bill — a disinformation campaign that was clearly linked to a foreign power. Writing in the journal Policy Options in January, Sze-Fung Lee and Benjamin Fung noted that the tactics used against Mr. Chiu were indicative of foreign interference, and said, “. . . these tactics could be deployed against any group in an information and psychological warfare campaign.” Imagine — Mr. Chiu introduced legislation aimed at curbing the very thing to which he fell victim.

Elaborating on their findings, Ms. Lee and Mr. Fung noted that the use of fake news is widespread in diaspora communities via social media apps like WeChat and WhatsApp. They point to research that indicates people tend to accept misinformation as fact if it comes from a credible and trustworthy source, and that feelings of “trust” can also be based on feelings of familiarity. Ms. Lee and Mr. Fung write:

The reliance on internet information often results in the creation of an “echo chamber” that is further exacerbated by the filter effect of the online algorithm. Applications such as the “WeChat Moment,” a feature in WeChat, which is widely used by the Chinese community, similar to Facebook and Instagram, allow individuals to view others’ stories. Thus, the Chinese community is being trapped in the vicious cycle of reinforced information consumption patterns.

The authors of this article highlight that Beijing was able to use Mr. Chiu’s pro-democracy, anti-communism activism and his vocal criticism of Beijing’s atrocious human rights record to depict him and his bill as radically discriminatory against the Chinese. They were successful in categorizing the bill’s primary objective as being one of suppressing pro-China opinion, and perhaps most troubling to many in the Chinese diaspora community, as a means to surveil organizations and individuals in the community right here in Canada.

Honourable senators, we will never know if this campaign of disinformation alone is what ultimately cost Mr. Chiu his seat in the Greater Vancouver area, but there is no denying that it occurred and that it at least, in some part, played a role or very well could have played a role in him losing his seat. That’s cause enough for concern. Whether it was the primary cause of Mr. Chiu’s defeat or not is immaterial to the fact that we must take steps to ensure against it happening in the first place to Mr. Chiu or anyone else.

Our colleague Senator Woo will no doubt take just as much exception to this bill as he did with Mr. Chiu’s original bill. Senator Woo has been quite vocal in questioning the validity of the argument of foreign interference. He has asserted that the attacks on Mr. Chiu may simply have been indicative of a debate within the Chinese community. In his opinion piece in Policy Options from January of this year, our colleague Senator Woo takes issue with the idea behind Mr. Chiu’s bill because “many Chinese entities . . . could theoretically be subject to direction from the Chinese state,” because they operate from the territory of that authoritarian state. Well, yes, Senator Woo; that is precisely the point. The reality is that in an authoritarian system, an entity that is based on such a state could indeed be acting as an instrument of that state.

In my view, just because the investigation and management of this problem is complicated by the web of influence and control that an authoritarian state possesses, it does not mean that we should not take action to protect ourselves. I would argue that regardless of the challenges, it is imperative that we take action. And no, that does not mean that Mr. Chiu’s legislation or mine is an attempt to single out any one group of people. I think it is highly irresponsible and dangerous for anyone, much less a holder of high public office, to make such a claim.

An example of the disinformation campaign that was perpetrated on Mr. Chiu comes from a WeChat post claiming that this bill’s predecessor would have had extremely negative consequences for immigrants from mainland China. It claimed, quite obviously falsely, that the bill would automatically harm economic, cultural and technological exchanges between Canada and China. The post goes on to claim that because the bill was undoubtedly targeting mainland Chinese associations. Perhaps the most egregious of the claims about this bill was that the bill aims to control and monitor mainland China’s speech and behaviour. Honourable senators, that’s just ludicrous and ridiculous. I think all of us here can understand just how ridiculous it is.

Unfortunately, Senator Woo reiterated and attempted to further legitimize this false narrative in his opinion piece, going so far as to suggest that exchanges between a Canadian member of a Chinese cultural group and a senator may be subject to a registry. Honourable senators, that is an absolute misrepresentation of the purpose of this bill and also a misrepresentation as to what a registry would look like in practice.

This bill is not attempting to target or single out China or Canada’s Chinese diaspora; far from it. What this bill is about is understanding the nature of foreign involvement and potential interference by authoritarian regimes in Canada. I believe that we must take the steps needed to try to better understand and address the challenges represented by such entities in our nation. Nobody, least of all yours truly, is suggesting that foreign interference in our democratic institutions, policies and processes is limited to just one actor; far from it.

The communist regime of China is just one example of a state that is most certainly engaged in such practices. It’s well known and understood. It’s accepted and recognized. I’ve also mentioned Russia. We can’t observe what occurred in the United States and then claim that we are somehow immune to the same influence and interference.

In the lead-up to Russia’s invasion of Ukraine, there is no question that information warfare played a key part in Russia’s state strategy. Part of that campaign has been to manipulate and shape international opinion. In this regard, we need to understand that Russia’s intervention in Ukraine did not begin in 2022, it began years earlier, and Russia’s parallel disinformation campaign has been an integral element of Russian state strategy.

If we’re speaking about Russia, we must also consider Iran. According to a study out of Simon Fraser University’s School of Communication, Russia and Iran appear to have been the most active in targeting Canada with disinformation.

Simon Fraser professor Ahmed Al-Rawi bases his arguments to this effect on analysis he has carried out of tweets, identified by Twitter as coming from Russian and Iranian state actors. These were posted between 2010 and 2019. Professor Al-Rawi calls the campaign of disinformation repeated and systematic.

In a Toronto Star article last year discussing the study, Professor Al-Rawi said that he had seen tweets by Iranian trolls written in French falsely linking former prime minister Stephen Harper to ISIS ahead of the 2019 election. He’d also seen Russian trolls falsely suggesting that the man who killed six people in a Quebec City mosque in 2017 is innocent. Then, there are the memes of Justin Trudeau — hundreds of them, the Toronto Star points out — that the author describes as sexist and include images using Photoshop of the Prime Minister “wearing headscarves paired with Islamophobic messaging.”

Professor Al-Rawi calls this “microtargeting,” and its objective is to sow division in Canadian society and to mobilize certain groups. In some instances, these tweets promoted certain positions about events that were happening outside Canada, including some as early as in 2014 at the time of Russia’s annexation of Crimea. We continue to see such campaigns, now related to disinformation around the invasion of Ukraine.

Honourable senators, this is not a partisan issue. This is a matter that should be of grave concern to us all, both as parliamentarians and as Canadians. However, it’s not just disinformation with which we need to be concerned. Members of various diaspora communities here in Canada have anecdotal evidence of overt threats and attempts at intimidation being carried out within their communities. The objective has been to dissuade people from voting, speaking out against a regime or being activists, which we take for granted in our democracy.

Canadians are often threatened — not only their own safety but also the safety of loved ones back home in order to achieve the desired effect. Activists for human rights are told that if they continue to speak out their parents, brother or sister back home will pay the price. These aren’t idle threats, colleagues. Often, the message is delivered or reinforced through a phone call with their loved one who may have just received a visit from the authorities.

Rukiye Turdush, a Canadian Uighur activist, described Chinese police making videos of their visits that could then be played for their Canadian relatives.

They’re not even covert about it anymore. They’re very overt, as we recently saw with the threats against the Chief Executive of Hong Kong Watch, Benedict Rogers. Using the draconian national security law, Mr. Rogers was threatened with a large fine and imprisonment by Chinese authorities because of his activism against the Communist regime and standing up for the people of Hong Kong. If they’re that brazen with someone who has such a high public profile, colleagues, imagine the tactics and threats they employ against others.

Other countries engage in similar practices. Take the case of Javad Soleimani. Mr. Soleimani’s wife was among the 85 Canadian citizens and permanent residents who were murdered on January 8, 2020, by the Islamic Revolutionary Guard Corps, or IRGC, when they indiscriminately and unapologetically shot down Ukraine International Airlines Flight PS752. After speaking out about the murder of his wife and so many others by the IRGC, Mr. Soleimani started receiving messages stating that the IRGC was aware of his activities, that they could target him anywhere and that he had better be careful. Imagine facing those kinds of threats and intimidation on Canadian soil. Mr. Soleimani reported the incidents to police, but says not enough has been done to alleviate the growing fears of Iranian Canadians.

Mr. Soleimani told a media conference in late 2020:

One day Canada was the safest place for all of us to live, but currently it’s not at all safe.

From that same press conference, The Canadian Press detailed the story of Chemi Lhamo, a University of Toronto student who recalled a harrowing tale of harassment to which she was subjected when she ran for student government in 2019. Ms. Lhamo spoke of the thousands of messages she received that included threats of rape and murder directed at her and her loved ones. Ms. Lhamo brought these messages, as well as reports of being followed on campus, to various law enforcement agencies, including the campus police, Toronto police, Royal Canadian Mounted Police and Canadian Security Intelligence Service. As Ms. Lhamo stated:

Ultimately, I still do not have a physical piece of paper that says, here’s a report that we did, or here is the information on the people that have been threatening to kill you on Canadian soil.

Honourable senators, this is happening right here on Canadian soil to Canadian citizens. It’s happening in our communities, on our university campuses and throughout our institutions. We must do something to address it.

Colleagues, I don’t profess that this bill is a cure-all. However, in terms of seeking to better catalogue foreign attempts to influence our political leaders and our institutions, I believe that it can be an important first step. It also builds on what was proposed by former MP Chiu and incorporates an amendment to the Criminal Code that also strengthens our ability to hold accountable those who do not respect our laws and, indeed, our democratic system.

What this bill does not do, colleagues, is target one group of people or new Canadians coming to this country. New Canadians are looking for a better life. They are often looking to leave behind the oppression that was endemic in the country they left. They are looking to ensure the oppression they left behind does not follow them to these shores. In that regard, this bill seeks to ensure that everyone in Canada can pursue their dreams and live their lives free from threats and intimidation.

This bill has widespread support from Canadians. A Nanos Research poll conducted last year showed that 88% of Canadians surveyed supported the passage of a foreign agent registration act to combat foreign influence. The call for a foreign agent registry also comes from a wide array of civil society and community groups, including Canada-Hong Kong Link, The Central and Eastern European Council in Canada, Saskatchewan Stands with Hong Kong, Uyghur Rights Advocacy Project, Vancouver Society in Support of Democratic Movement and the Council of Iranian Canadians.

Honourable senators, at a time when all the world’s democracies face an unprecedented threat, Canada must take firm measures, similar to the legislation that has already been enacted by many of our democratic allies, such as Australia and the United States. This bill will provide transparency and give us an important tool to better protect our democratic order against attempts being made to potentially subvert that same order.

I strongly urge you to support this bill in order to strengthen and protect our democracy, our democratic institutions and our freedom. Thank you.

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Senator Housakos: Thank you, Senator Lankin. The primary role of this bill is simple. There are organizations that are state sponsored — or connected with some of these tyrannical and authoritarian regimes around the world — operating in Canada, and many are directly and indirectly subsidized. They work under the veil of being intellectual institutions or research centres, and often they’re not even veiled. They’re state-run, multinational corporations that are directly affiliated with some of these authoritarian regimes. This registry simply states that any time one of these organizations, entities or corporations act to influence government officials — MPs, senators or senior bureaucrats — to sway public policy or to intimidate, directly or indirectly, office-holders or Canadian citizens, they would face the full thrust of the law.

Of course, this bill also amends the Criminal Code, adding some stiff financial penalties and jail terms for those who are found guilty of breaking the law in this particular case.

Is there any weakness in this bill? I don’t think there is. As we all know, laws are fluid in this country. We put them forward with the best of intentions, and I believe this will be a great first giant step forward. We will become more vigilant, because the number one challenge facing all democracies, including Canada, is authoritarianism around the world. Unfortunately, with countries like China, Iran and Russia, we have evidence to show that they’re very active right now within our borders, within various institutions, and according to reports we have to take action.

Quite frankly, I think this is the first giant step forward. It’s badly needed and would be the right thing to do at this juncture.

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Hon. Peter M. Boehm: Would Senator Housakos take a question?

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Senator Housakos: I have looked at the Australian model. I find it is a lot more rigid than what we’re proposing over here. Again, I did not want to go outside of the realm of public office‑holders and public officials in this particular instance. I’m very cognizant of the fact that I don’t want to infringe upon the private life of corporations and other entities in Canada. There’s always a fine line. Is it something that we can look at? Do we want to strengthen it up to the point where we hold people accountable once they leave public office? I’m not averse to those kinds of suggestions, amendments and changes as we go along.

Clearly, we have a problem — based on the reports we’ve seen from the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and our intelligence services — and we are being infiltrated at the highest levels in our institutions right now. This would be the first step, and as we go along we need to continue to be vigilant. As we also know, it doesn’t address cyber and social web influence, which is very powerful.

I think this is very concrete and specific. It deals with entities that are affiliated with these totalitarian regimes that are very often trying to influence our public institutions and our public Crown corporations in various other sectors.

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